H. E. Tejan Kabbah
Office of The President
State House
Freetown, Sierra Leone

Fax: +232 22 231404

Minister of Information
Youyi Building, 9th Floor
Freetown, Sierra Leone

Fax: +232 22 231404

Vienna, 19 March 2004

Your Excellency,

The International Press Institute (IPI), the global network of editors, leading journalists and media executives in over 120 countries, is deeply worried by the criminal prosecution of Paul Kamara, the editor of the For Di People independent newspaper.

According to information provided to IPI, Kamara is being prosecuted on two counts of “seditious libel” against Your Excellency. The charges against Kamara arise from a 3 October article in For Di People titled, “Kabbah a True Convict” that stated Your Excellency was found “guilty” by a Commission formed to inquire into alleged fraud in the Sierra Leone Produce Marketing Board. Apparently, Your Excellency was a Minister of Trade permanent secretary at the time the alleged fraud occurred.

Rebutting the allegations against Your Excellency the speaker of Parliament Justice Edmond Cowan argued that the phrase “convict” was inappropriate because the finding of guilt was made by a commission of inquiry and not by the high court. For Di People subsequently published the Commission’s report verbatim.

On 11 October 2003, Kamara was arrested. Bail was set at approximately US $21,400, but, unable to meet the bail conditions, Kamara was forced to remain in the Padema Road prison in Freetown. He was later allowed to go free.

With regard to the on-going case, IPI is of the opinion that if allowed to continue it will only serve to bring Sierra Leone criminal law and the 1991 Constitution into disrepute. This is because of Your Excellency’s involvement both as a complainant in the trial and as the constitutional head of the country. Indeed, it is IPI’s strongly held view that the conflict between these two roles seriously jeopardises Kamara’s right to a free and impartial trial.

Having due regard to Sierra Leone’s sub judice laws, IPI does not propose to deal with the substantive facts of Kamara’s case at this time, however, it does wish to point out a number of possible problems arising from the Constitution.

First, section 64 of the Constitution affirms that Your Excellency is responsible for the direct appointment of the attorney general and the minister of justice. Moreover, under section 66, the president, on the advice of the Judicial and Legal Services Commission, and subject to the approval of the parliament, appoints a director of public prosecutions.

Given Your Excellency’s involvement in these appointments, IPI believes that there is the fair assumption of a conflict between Your Excellency as the complaint and the ability of the appointed individuals to carry out their duties. With this in mind, IPI would remind Your Excellency that justice in the case of Kamara should not only be done but should also be seen to be done. Under the present circumstances, IPI views it as highly unlikely that this presumption can be met in Kamara’s case.

On the question of a possible pardon under section 63 of the Constitution, IPI feels there is further potential for conflict. Section 63 states “The President may, acting in accordance with the advice of a Committee appointed by the Cabinet over which the Vice-President shall preside” grant a pardon to a convicted person. Once again, the involvement of Your Excellency in both the trial and the pardoning procedure represents a severe conflict, particularly, when considering the fact you are also responsible for choosing the vice-president.

As a consequence, Kamara will face Your Excellency’s accusations in a legal system where the highest legal officials have been chosen by Your Excellency and where the final procedures are also governed by Your Excellency’s appointees. IPI believes that this places Kamara in an intolerable legal position.

IPI therefore calls on Your Excellency to withdraw the charges against Kamara and to discontinue the case. By doing so, you will be affirming the independence of Sierra Leone’s criminal law and the Constitution.

Yours sincerely,

Johann P. Fritz
Director